Our “Ask a Question” Mailbag: Parent Dying Without a Will

Most Recently Updated August 1, 2018.

Amy Besser, Probate Attorney. Parent Dying Without a Will

“My Mom died without a Will as a widow in Philadelphia. How do I sell her home?”

Parent Dying Without a Will

If you Die Without a Will, you Die “Intestate.”

This question has come up with increasing frequency due to Philadelphia’s improving real estate market. The first step is to examine your mother’s deed.  Did she hold title to the property?  Obtain a copy of the deed for a nominal fee from the Records Department in City Hall.  Or, you can us get a copy, and we can review its terms with you.

If your mom owned the property, then someone must gain authority to sell the home. When there is no Will, authority to collect and dispose of a deceased person’s assets requires obtaining Letters of Administration. Your mother died a resident of Philadelphia.  Therefore, the Register of Wills in Philadelphia County will hear the Petition for Letters of Administration.

See my website for more information about the Pennsylvania Rules of Intestacy.

If You Die Without a Will, The State Determines Your Administrator.

The Pennsylvania Decedents, Estates, and Fiduciary Code lists who shall be entitled to serve and in what order. In your case, your mother’s children are the first group designated to serve as Administrator. If you are an only child, barring anything unusual, you would have the first right to serve. If mom had other children, then you may need them to renounce their right to serve.  Should they not renounce, then hope they do not oppose your Petition.  Should they oppose your Petition to serve as Administrator, a hearing is necessary.

If the Siblings Can’t Agree, A Hearing Will be Necessary.

After a hearing at the Register of Wills office on your Petition, the Register will decide to whom to grant Letters of Administration.  If you are appointed Administrator, you will then have the authority to sell the home.  But, you will also have the responsibility to probate your mom’s estate properly.  This responsibility includes filing the inheritance tax return, paying her outstanding bills, filing her final income tax return and more.  You will also want a full release from your siblings.  We regularly represent Administrators and would be happy to serve as your attorney.  Our job would be to make the process as easy as possible and to keep you out of trouble.

See my website for more information about the Probate Process.

More Probate Questions?

Intestacy is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Parent Dying Without a Will

I hope that this article was helpful in explaining what to do if a parent dies intestate. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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